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SLATE v. SHELTON

No. 7417DC62.

202 S.E.2d 292 (1974)

20 N.C. App. 644

Johnny SLATE v. Clavis SHELTON.

Court of Appeals of North Carolina.

February 6, 1974.

Attorney(s) appearing for the Case

Frank C. Ausband, Kernersville, for plaintiff appellee.

Marshall & Hughes, by William F. Marshall, Jr., Danbury, for defendant appellant.

BALEY, Judge.

The sole contention on this appeal is that the trial court violated Rule 51(a) of the North Carolina Rules of Civil Procedure by expressing an opinion on the facts during its instructions to the jury.

Rule 51(a) provides:

"(a) Judge to Explain Law but Give No Opinion on Facts.—In charging the jury in any action governed by these rules, no judge shall give an opinion whether a fact is fully or sufficiently proved, that being...

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